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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 09:02
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Chapter Law Content

Chapter 2. Household Registration
Article 9
I. Household registrations shall be made through applications by applicants. But after the census, under the condition of initial household registration or pursuant to Article 37, Article 38, Article 42, Article 48-1, Article 48-2, Paragraph 2 of Article 49 and Article 50 of this Act, the household registration office may proceed with the registration after receiving notice from correctional authorities, police authorities, immigration authorities, prosecutors, military prosecutors, courts, military courts, healthcare competent authorities, central competent authorities, social welfare competent authorities of municipalities / counties (cities), house owner, house managing authorities, autonomous local authorities, or proceed with it ex officio.
II. In the case of litigation after registration, the concerned party shall apply for alterations, corrections, revocations, or cancellation to Article 25 of this Act after a final judgment has been handed down, or a litigious settlement or mediation has been reached; if the concerned party makes no application after receiving writing notice pursuant to Paragraph 3 Article 48 of this Act, the Household Registration Office shall proceed with the registration ex officio and notify the concerned party after registration.
Article 9-1
I. If those who are required to make initial household registration in accordance with subparagraphs 1~3 of Article 15 meet one of the following conditions, the household registration office shall notify the National Immigration Agency:
1.Not residing domestically; or
2.The household address used when applying for initial household registration cannot be registered.
II.The household registration office shall proceed with registration and notify the head of household or house owner after registration has been completed in accordance with subparagraph 6 of Article 48-2.
Article 10
A case involving two and more registrations shall be separately registered.
Article 11
The date of birth, full name, national ID number, and address of the concerned party and the applicant as well as the application date shall be recorded on household registration forms; the household number and full name of the head of household shall be recorded where necessary.
Article 12
Recorded date of a household registration by household registration office shall consistent with the date of the incident. In case the date of the incident is inconsistent with Taiwan area and the applicant raises proving documents, household registration office may make a note in Notes column of household registration record.
Article 13
For the following registrations, the applicant shall furnish originals of proof documents when making an application:
1.Birth registration
2.Registration of acknowledgement of parentage
3.Adoption and/or adoption termination registration
4.Marriage and divorce registration. However, for marriages before May 22, 2008 (inclusive), where both concerned parties and two or more witnesses to the wedding come in person to apply for registration, the marriage certificate may be omitted.
5.Registration of legal guardianship
6.Assistance registration
7.Registration of exercising responsibility for the rights and obligations of minor children
8.Registration of death or presumption of death
9.Initial household registration
10. Registration of movement: the registration that creates a new household
11. Household separation (combination) registration
12. Birthplace registration
13. Alteration, revocation, or cancellation registration
14. Registration of corrections (not including corrections of transcription errors)
15. Registrations done in accordance with other laws
Article 14
I.The original copies of proof documents mentioned above,except those for birth, death, presumption of death, and initial household registration, shall be retained by the household registration office after examination. Photocopies of other documents may be kept for filing.
II.Documents submitted by applicants pursuant to the preceding paragraph and authorizing documents submitted by the applicants in accordance with Article 47 of this Act that are produced in foreign country shall be certified by ROC embassies, consulates, representative offices, or offices (hereinafter referred to as “diplomatic missions”). Documents produced in mainland China, Hong Kong, or Macau shall be certified by the institution established or designated by the Executive Yuan or private organization authorized by the Executive Yuan. Documents produced by foreign embassies, consulates or authorized institutions in R.O.C. shall be verified by MOFA (Ministry of Foreign Affairs).
III. If the aforementioned documents are done in a language other than Chinese, it is required that a Chinese translation version to be submitted and verified by ROC diplomatic missions or certified by a notary in the R.O.C..
VI. If a household registration office proceeds with birth, death, or presumption of death registration directly, it may keep the notification documents from the relevant authorities for filing; if it proceeds with initial household registration directly, it may keep the investigation document, at its discretion, for filing.
Article 15
Any error or omission in the household registration owing to a procedural mistake by the household registration office shall be handled in the following ways:
1.Any error or omission in the household registration data of a current household shall be identified and corrected by the current household registration office, and the concerned party or the original applicant shall be informed.
2.Any error or omission in the cancelation of household registration data shall be identified and corrected by the last household registration office, and the concerned party or the original applicant shall be informed. If the error was not made by that office, the household registration office responsible for the error shall identify and correct it, and inform the concerned party or the original applicant.
Article 16
If any error is recorded in the household registration owing to mistakes in submitted application documents, the applicant should present one of the following proof documents and apply to the household registration office where the domicile is registered for correction; the household registration office where the domicile is registered shall proceed in accordance with the preceding Article:
1.Household registration record, either of the first household registration or a previous household registration in Taiwan
2.Original national identification card issued by the government and bearing the seal of the issuing authority
3.Document proving graduation from or study at any general school, army or police school, or any training class, group or team
4.Birth certificate issued by public or private medical institutions or a qualified midwife
5.Certificate of suspension of military service, early separation, discharge, or military service status issued by the Ministry of Defense or its subordinate agencies
6.Final court verdict, non-prosecutorial disposition or public or certified certification by a domestic notary that can verify the fact
7.Other documents issued by another authority or institute.
Article 17
To submit each one of the various proving documents listed except in the case Paragraph 1 and 6 of preceding Article, to correct the birth date of the household registration should be limited to the certificate issuing date or document established date prior to the issued date of the first household registration proving document in Taiwan. However, in case the certificate issuing date is later than the issuing date of household registration documents first registered in Taiwan, it should attach the copy of the original documents issued by related office which established prior to the issuing date of those documents first registered in Taiwan.
Article 18
The age shown on the submitted certificate for correcting the birth date of household registration should be counted according to chronological age of country calendar. As to the certificate only with age, should use the certificate issuing date or ROC year minus the age to presume its birth year. However, the person born before the country establishing year should use the age on the certificate minus the year issued certificate or year established plus one to count his age.
Article 19
I. When a person to be notified according to Article 46 of this Act is found to be deceased or missing, the household registration office shall notify the spouse or first-degree lineal blood relative.
II.The notification mentioned in Paragraph 3 of Article 48 of this Act shall have a time limit of no less than seven days; such notification shall be served to the applicant.
III.Notification issued pursuant to Article 48-2 of this Act by the household registration office shall indicate that if the application is not filed within the specified time limit, the household registration office shall make a registration directly according to that Article.
VI.After the household registration office makes a registration directly pursuant to Article 48-1 and Article 48-2 of this Act, it shall notify the applicant who should have applied for the registration.
VII.After the household registration office make a registration pursuant to Paragraph 1 of Article 50 of this Act, it shall transfer the domicile of the whole household to the household registration office temporarily with address indicated, and notify the police authorities.
Article 20
For incompleteness of household registrations, the household registration office shall notify for correction at a time.
Article 21
I.When accepting household registration, the household registration office shall examine the applicant’s original National Identification Card and Household Certificate. The household registration office shall examine the passport, alien resident certificate, alien permanent residence certificate, or entry/exit permit of foreigners, stateless persons, nationals without household registration, and residents of mainland China, Hong Kong, and Macao.
II.When accepting household registration, the household registration office shall input the registration information into its computer system and print out registration application forms. The forms and photocopies or original copies of proof documents kept shall be bound in volumes by year and village for filing in the household registration office.
Article 22
I.Household registration entries shall be registered in relevant columns or households, with causes and dates indicated. If the head of a household is the party concerned in the registration of household head alteration, death or presumption of death, move, household separation (combination), address alteration, household revocation, or household annulment, such household shall be listed as cancelled and the household record thereof shall be copied and the copy retained.
II. If a household is cancelled as in the preceding paragraph due to household head alteration, death or presumption of death, move, address alteration, household revocation, or household annulment, and the household still has other members registered, the household registration applicant shall choose one member to be the new household head. If all household members registered have no or limited capacity to make juridical acts, the eldest member shall be the new household head.
III.If the head of household is the party concerned in a registration of death or presumption of death, move, address alteration, household revocation or household annulment pursuant to Article 42, Article 48-1, or Article 48-2 of this Act, such household shall be listed as cancelled and one new household head chosen from the remaining household members pursuant to the preceding Paragraph.
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